A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
(6) extreme cruelty; (7) habitual drunkenness; (8) imprisonment in
a penitentiary anywhere in the United States for violation of the
criminal laws;[498] (9) whenever it shall be made to appear that the
husband or wife of the applicant "has obtained a decree of divorce
in any of the courts of any other territory or state, by virtue of
which the party who shall have obtained such decree shall have been
released from the obligation of the marriage contract, while the
same remains binding upon the other party." Limited divorce is not
mentioned by this statute; but, in place of it, a wife may obtain
separate alimony for (1) the husband's adultery; (2) his gross
neglect of duty; (3) abandonment by him without good cause; (4)
where there is a separation in consequence of his ill-treatment;
(5) his habitual drunkenness; or (6) his confinement in any prison
in the country, or for any crime warranting such punishment in the
territory.[499]
[496] Act of Jan. 15: in _Gen. and Private Laws_ (1864), 19-26.
[497] Act of Jan. 12, 1866: _Laws, Memorials, and Resolutions_
(1865-66), 13-16.
[498] If for a crime of the same grade as warrants such
imprisonment in the territory, and if application be made during
the term of confinement.
[499] Act of Jan. 10, 1867; in _Gen. Laws_ (1866-67), 45-52.
Only four years elapsed before the restless lawmaker was again at
work. By an act of 1871 a divorce from bed and board or from the
bonds of matrimony may be granted (1) for impotence at the time of
marriage; (2) "when the female at the time of the alleged marriage
was under the age of fourteen years, and the alleged marriage was
without the consent of her parents, or guardians, or other persons
having the legal custody or charge of her person; and when such
marriage was not voluntarily ratified on her part" after the
attainment of that age; (3) for adultery; (4) for extreme cruelty
by the infliction of grievous bodily or mental suffering; (5) for
habitual intemperance; (6) for two years' wilful desertion; (7) for
having the ability to provide and failure so to do on account of
idleness, profligacy, or dissipation; (8) "when from threatening
words or acts, the weaker party feels in danger of bodily injury;"
(9) when the consent was obtained by "force, fraud, intimidation,
deception, or influence of stronger minds;" (10) for conviction of
felony after marriage.[500] Here matters rested until 1877, when
the California system, including the six causes and the careful
definitions of the code, was adopted.[501] This plan without change
is retained in the existing laws of South Dakota;[502] as also in
those of North Dakota, except that between 1899 and 1901, following
the lead of Idaho, incurable insanity for two years was admitted
as a seventh ground of absolute divorce.[503] In neither of these
states is partial divorce recognized. The district courts in North
Dakota still have original jurisdiction; while in South Dakota
Public-domain text, read in full here on John Shaqi.
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